45-1201. Definitions


In this article, unless the context otherwise requires:


1. "Dam" means any artificial barrier, including appurtenant works for the
impounding or diversion of water, twenty-five feet or more in height or the storage
capacity of which will be more than fifty acre-feet but does not include:


(a) Any barrier that is or will be less than six feet in height, regardless of
storage capacity.


(b) Any barrier that has or will have a storage capacity of fifteen acre-feet or
less, regardless of height.


(c) Any barrier for the purpose of controlling liquid-borne material.


(d) Any barrier that is a release-contained barrier.


(e) Any barrier that is owned, controlled, operated, maintained or managed by the
United States government or its agents or instrumentalities if a safety program that is
at least as stringent as the state safety program applies and is enforced against the
agent or instrumentality.


2. "Height" means the vertical distance from the lowest elevation of the outside
limit of the barrier at its intersection with the natural ground surface to the spillway
crest elevation.


3. "Owner" includes any person or entity that owns, controls, operates, maintains,
manages or proposes to construct or modify a dam.


4. "Person" means any person, firm, association, organization, partnership,
business trust, corporation, company or district.


5. "Release-contained barrier" means any artificial barrier and appurtenant works
that comply with both of the following:


(a) Has a storage capacity that in the event of failure would be contained within
property that the release-contained barrier owner owns, controls, operates, maintains or
manages.


(b) The property on which the release would be contained is not open to the public.


6. "Storage capacity" means the maximum volume of water that can be impounded by
the reservoir when there is no discharge of water.